Assembly Bill A9475

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9475
 
                           I N  A S S E M B L Y
 
                              January 7, 2026
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT to amend the general business law, in relation to the definition
   of the term employer and to  the  requesting  or  use  for  employment
   purposes of the consumer credit history of an applicant for employment
   or  employee  by an employer, labor organization, employment agency or
   any agent thereof; and to repeal certain provisions of  a  chapter  of
   the laws of 2025 amending the general business law relating to prohib-
   iting  the  disclosure or use of a person's consumer credit history to
   an employer, labor organization, employment agency  or  agent  thereof
   for purposes of employment decisions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-a of the general business  law  is  amended  by
 adding a new subdivision (x) to read as follows:
   (X) THE TERM "EMPLOYER" MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION
 OR  ASSOCIATION  ENGAGED  IN  A BUSINESS WHO HAS EMPLOYEES INCLUDING THE
 STATE AND ITS POLITICAL SUBDIVISIONS.
   § 2. Subparagraph (iii) of paragraph 2 of subdivision (d)  of  section
 380-b  of the general business law, as added by a chapter of the laws of
 2025 amending the general  business  law  relating  to  prohibiting  the
 disclosure  or use of a person's consumer credit history to an employer,
 labor organization, employment agency or agent thereof for  purposes  of
 employment  decisions,  as proposed in legislative bills numbers S. 3072
 and A. 1316, is amended to read as follows:
   (iii) persons in a position that is  subject  to  background  investi-
 gation by a state agency[, provided, however, that the appointing agency
 may  not use consumer credit history information for employment purposes
 unless the position is an appointed position in which a high  degree  of
 public trust, as defined by the commission in rules, has been reposed.];
   §  3.  Section 3 of a chapter of the laws of 2025 amending the general
 business law relating to prohibiting the disclosure or use of a person's
 consumer credit history to an employer, labor  organization,  employment
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01708-02-6
              

 A. 9475                             2
 
 agency  or  agent  thereof  for  purposes  of  employment  decisions, as
 proposed in legislative bills numbers S. 3072 and A. 1316, is REPEALED.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2025 amending  the  general  business
 law relating to prohibiting the disclosure or use of a person's consumer
 credit  history to an employer, labor organization, employment agency or
 agent thereof for purposes  of  employment  decisions,  as  proposed  in
 legislative bills numbers S. 3072 and A. 1316, takes effect.